Defence Force (Salaries) Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 305

INTERIM DETERMINATION UNDER THE DEFENCE AMENDMENT ACT 19791

 

I, the Minister of State for Defence, hereby make the following Interim Determination under section 12 of the Defence Amendment Act 1979.

Dated this nineteenth day of December 1979.

D. J. KILLEN

Minister of State for Defence

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AMENDMENTS OF THE DEFENCE FORCE (SALARIES) REGULATIONS2

Recreation leave bonus

1. Regulation 14a of the Defence Force (Salaries) Regulations is amended—

(a) by inserting in sub-regulation (3) “(4b),” after “(4a),”;

(b) by omitting paragraph (c) of sub-regulation (3) and substituting the following paragraph:

“(c) in the case of a member who is a trainee—

(i) if he served as a trainee for the whole of the period of 12 months immediately preceding the date of commencement of the period of leave of absence for which recreation leave is deemed to be granted to him under sub-regulation (5)—the number 6; or

(ii) if he served as a trainee for a part only of that period, or since the day immediately preceding the last day on which he commenced a period of leave of absence for which recreation leave is deemed to be granted to him under sub-regulation (5) in respect of which recreation leave bonus was payable to him—the number ascertained by multiplying 6 by , where A is the number of whole months of service as a trainee during that period of 12 months or since that day, whichever is the less; and”;

 

(c) by omitting from sub-regulation (3) all the words after “salary” and substituting “payable to the member on the leave credit day applicable to that leave year.”;

(d) by inserting in sub-regulation (4a) “other than a member who is a trainee” after “member” (first occurring);

(e) by inserting after sub-regulation (4a) the following sub-regulation:

“(4b) Where the amount of recreation leave bonus, in respect of the period for which recreation leave is deemed to be granted to him under sub-regulation (5), that would, but for this sub-regulation, be payable to a trainee who has not served as a trainee during the whole of the period of 12 months immediately preceding the date of commencement of that period of recreation leave exceeds an amount calculated in accordance with the formula—

where—

A is the number of whole months of service as a trainee in that period of 12 months; and

B is the amount of average weekly earnings in respect of that leave year or, where the amount of recreation leave bonus that would be payable to that trainee in respect of a period of recreation leave granted to that trainee in respect of service during the whole of that leave year would, by virtue of the operation of sub-regulation (6), be a lesser amount than those average weekly earnings, that lesser amount,

the recreation leave bonus payable to the trainee in respect of that period of recreation leave is an amount calculated in accordance with that formula.”;

(f) by adding at the end of sub-regulation (5) “or during a period when he proceeds on leave of absence for a period granted to him, immediately before or after he ceases to be a trainee, for service as a trainee”;

(g) by inserting after sub-regulation (5a) the following sub-regulations:

“(5b) Where, in respect of a period of leave of absence for which recreation leave is deemed to have been granted to him under sub-regulation (5), recreation leave bonus is payable to a member, the amount of recreation leave bonus payable to him is to be calculated in accordance with paragraph (3) (c).

“(5c) Where a member is not granted leave of absence immediately before or after he ceases to be a trainee, for service as a trainee, and an amount of recreation leave bonus would have been payable to him had he been granted such leave, that amount shall be payable to the member when he is next granted a period of recreation leave.”;

(h) by omitting from sub-regulation (6a) all the words after “payable” and substituting “to him if he ceased to be a member when that leave commences.”; and

(i) by omitting from sub-regulation (8) “by virtue of a direction”.

Allowance for recreation leave where ceasing to be member

2. Regulation 14b of the Defence Force (Salaries) Regulations is amended—

(a) by omitting from sub-regulation (1) “he had”;

(b) by inserting in paragraph (a) of sub-regulation (1) “he had” before “not”;

(c) by inserting in paragraph (b) of sub-regulation (1) “he had” before “not”;

(d) by inserting in paragraph (c) of sub-regulation (1) “he had” before “been”;

(e) by omitting from paragraph (c) of sub-regulation (1) “and” (last occurring); and

(f) by inserting after paragraph (c) of sub-regulation (1) the following paragraphs:

“(ca) the rate of salary applicable to him was the rate of salary applicable to him on the last preceding leave credit day;

“(cb) in the case of a trainee, he had, immediately before he ceased to be a member, ceased to be a trainee and proceeded on leave for a period granted to him for service as a trainee; and”.

Interpretation

3. Regulation 14c of the Defence Force (Salaries) Regulations is amended—

(a) by omitting from paragraph (d) of the definition of “leave credit day” in sub-regulation (1) “the day” and substituting “the first day of July”;

(b) by omitting from sub-regulation (1) the definition of “leave year” and substituting the following definition:

“ ‘leave year’, in relation to a member, means the period of 12 months immediately preceding the day that is the leave credit day of the member;”;

(c) by inserting “, or, in the case of a trainee who was not a member on the first day of July immediately preceding the first day of the period for which recreation leave is deemed to be granted to him under sub-regulation 14a (5), the sum of the amounts of salary and allowances that would have been payable to him in respect of that first day of July if he had been a trainee on that last mentioned date,” after “leave year” (last occurring) in the definition of “rate of salary” in sub-regulation (1);

(d) by omitting “29,” from paragraph (c) of the definition of “rate of salary” in sub-regulation (1);

(e) by omitting “549b,”, “552a,” and “, 556k” from paragraph (d) of the definition of “rate of salary” in sub-regulation (1); and

(f) by adding “, but does not include a member who is, by virtue of the operation of sub-regulation 9 (3), entitled to be paid salary at a higher rate than that to which he would, but for that sub-regulation, have been entitled” at the end of the definition of “trainee” in sub-regulation (1).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 January 1980.

2. Statutory Rules 1973 No. 100 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 4 and see also